Code of Connduct With Original Revisions

8/2/2019 Code of Connduct With Original Revisions

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Cassadaga Valley Central School

Sinclairville, New York 14782

CODE OF CONDUCTImplementing Project SAVEAdopted July 1, 2001

I. Introduction

II. Definitions

III. Student Rights and Responsibilities

IV. Essential PartnersV. Student Dress Code

VI. Prohibited Student Conduct

VII. Reporting Violations

VIII. Disciplinary Procedures, Penalties & Referrals

IX. Alternative Instruction

X. Discipline of Students with Disabilities

XI. Corporal Punishment

XII. Student Searches and Interrogations

XIII. Visitors to Schools

XIV. Public Conduct on School Property

XV. Dissemination and Review

Committee Members:Mrs. Lucinda Blum, parent

Mr. Mark Crandall, high school student

Mrs. Keli DiFonzo, middle school teacher

Mrs. Vicki Martin, parent

Mrs. Shelley Merchant, elementary teacher

Miss Kerri Rhinehart, middle school student

Mr. Raymond VanNess, high school principal

Mrs. Gayle Wilcox, high school teacher

Cassadaga Valley CSD Code of Conduct Page 1


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Cassadaga Valley Central School

1District Code of Conduct

I. Introduction

The Board of Education (Board) is committed to providing a safe and orderly school

environment where students may receive and district personnel may deliver quality educational services

without disruption or interference. Responsible behavior by students, teachers, other district personnel,parents and other visitors is essential to achieving this goal.

The district has a long-standing set of expectations for conduct on school property and at schoolfunctions. These expectations are based on the principles of civility, mutual respect, citizenship, character,

tolerance, honesty and integrity.

The Board recognizes the need to clearly define these expectations for acceptable conduct on

school property, to identify the possible consequences of unacceptable conduct, and to ensure that

discipline when necessary is administered promptly and fairly. To this end, the Board adopts this Code of

Conduct (Code).

Unless otherwise indicated, this Code applies to all students, school personnel, parents and other

visitors when on school property or attending a school function.

II. DefinitionsFor purposes of this Code, the following definitions apply:

Disruptive student means an elementary or secondary student under the age of 21 who is

substantially disruptive of the educational process or substantially interferes with the teachers authority

over the classroom.Parent means parent, guardian or person in parental relation to a student.

School property means in or within any building, structure, athletic playing field, playground,

parking lot or land contained within the real property boundary line of a public elementary or secondary

school, or in or on a school bus, as defined in Vehicle and Traffic Law 142.School function means any school-sponsored extra-curricular event or activity.

Violent student means a student under the age of 21 who:

1. Commits an act of violence upon a school employee, or attempts to do so.

2. Commits, while on school property or at a school function, an act of violence upon another

student or any other person lawfully on school property or at the school function, or

attempts to do so.

3. Possesses, while on school property or at a school function, a weapon.

4. Displays, while on school property or at a school function, what appears to be a weapon.

5. Threatens, while on school property or at a school function, to use a weapon.

6. Knowingly and intentionally damages or destroys the personal property of any school

employee or any person lawfully on school property or at a school function.

7. Knowingly and intentionally damages or destroys school district property.

Weapon means a firearm as defined in 18 USC 921 for purposes of the Gun-Free Schools Act. It

also means any other gun, BB gun, pistol, revolver, shotgun, rifle, machine gun, disguised gun, dagger,dirk, razor, stiletto, switchblade knife, gravity knife, brass knuckles, sling shot, metal knuckle knife, box

cutter, cane sword, electronic dart gun, Kung Fu star, electronic stun gun, pepper spray or other noxious

spray, explosive or incendiary bomb, or other device, instrument, material or substance that can cause

physical injury or death when used to cause physical injury or death.



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III. Student Rights and Responsibilities

A. Student Rights The district is committed to safeguarding the rights given to all students under

state and federal law. In addition, to promote a safe, healthy, orderly and civil school

environment, all district students have the right to:

1. Take part in all district activities on an equal basis regardless of race, color, creed, national

origin, religion, gender or sexual orientation or disability.

2. Present their version of the relevant events to school personnel authorized to impose adisciplinary penalty in connection with the imposition of the penalty.

3. Access school rules and, when necessary, receive an explanation of those rules from school

personnel.

B. Student Responsibilities All district students have the responsibility to:

1. Contribute to maintaining a safe and orderly school environment that is conducive to

learning and to show respect to other persons and to property.

2. Be familiar with and abide by all district policies, rules and regulations dealing with

student conduct.3. Attend school every day unless they are legally excused and be in class, on time, and

prepared to learn.

4. Work to the best of their ability in all academic and extracurricular pursuits and strivetoward their highest level of achievement possible.

5. React to direction given by teachers, administrators and other school personnel in a

respectful, positive manner.

6. Work to develop mechanisms to control their anger.

7. Ask questions when they do not understand.

8. Seek help in solving problems that might lead to discipline.

9. Dress appropriately for school and school functions.

10. Accept responsibility for their actions.

11. Conduct themselves as representatives of the district when participating in or attending

school-sponsored extracurricular events and to hold themselves to the highest standards of

conduct, demeanor, and sportsmanship.

12. Report any information they may be aware of that indicates possible danger to the safety ofthe school, students, faculty, administration or staff.

IV. Essential Partners

A. Parents

All parents are expected to:

1. Recognize that the education of their child(ren) is a joint responsibility of the parents and

the school community.

2. Send their children to school ready to participate and learn.

3. Ensure their children attend school regularly and on time, unless legally excused.

4. Ensure that children attend school unless legally excused.

5. Insist their children be dressed and groomed in a manner consistent with the student dress

code.

6. Help their children understand that in a democratic society appropriate rules are required to

maintain a safe, orderly environment.

7. Know school rules and help their children understand them.

8. Convey to their children a supportive attitude toward education and the district.

9. Build good relationships with teachers, other parents and their childrens friends.

10. Help their children deal effectively with peer pressure.



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11. Inform school officials of changes in the home situation that may affect student conduct or

performance.

12. Provide a place for study and ensure homework assignments are completed.

B. Teachers All district teachers are expected to:

1. Maintain a climate of mutual respect and dignity, which will strengthen students self-

concept and promote confidence to learn.

2. Be prepared to teach.3. Demonstrate interest in teaching and concern for student achievement.

4. Know school policies and rules, and enforce them in a fair and consistent manner.

5. Communicate to students and parents:

a. Course objectives and requirements

b. Marking/grading procedures

c. Assignment deadlines

d. Expectations for students

e. Classroom discipline plan.

6. Communicate regularly with students, parents and other teachers concerning growth andachievement.

C. Guidance Counselors1. Assist students in coping with peer pressure and emerging personal, social and emotional

problems.

2. Initiate teacher/student/counselor conferences and parent/teacher/student/counselor

conferences, as necessary, as a way to resolve problems.

3. Regularly review with students their educational progress and career plans.

4. Provide information to assist students with career planning.

5. Encourage students to benefit from the curriculum and extracurricular programs.

D. Principals

1. Promote a safe, orderly and stimulating school environment, supporting active teaching

and learning.

2. Ensure that students and staff have the opportunity to communicate regularly with theprincipal and approach the principal for redress of grievances.

3. Evaluate on a regular basis all instructional programs.

4. Support the development of and student participation in appropriate extracurricularactivities.

5. Be responsible for enforcing the Code of Conduct and ensuring that all cases are resolved

promptly and fairly.

E. Superintendent

1. Promote a safe, orderly and stimulating school environment, supporting active teaching

and learning.

2. Review with district administrators the policies of the board of education and state and

federal laws relating to school operations and management.

3. Inform the board about educational trends relating to student discipline.

4. Work to create instructional programs that minimize problems of misconduct and are

sensitive to student and teacher needs.

5. Work with district administrators in enforcing the Code of Conduct and ensuring that all

cases are resolved promptly and fairly.



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F. Board of Education

1. Collaborate with student, teacher, administrator, and parent organizations, school safety

personnel and other school personnel to develop a Code of Conduct that clearly defines

expectations for the conduct of students, district personnel and visitors on school property

and at school functions.

2. Adopt and review at least annually the districts Code of Conduct to evaluate the codes

effectiveness and the fairness and consistency of its implementation.

3. Lead by example by conducting board meetings in a professional, respectful, courteousmanner.

V. Student Dress Code

New York State Law stipulates that schools monitor safety, cleanliness, non-distractiveness and

vulgarity with regard to student dress. All students are expected to give proper attention to personal

cleanliness and to dress appropriately for school and school functions. Students and their parents have the

primary responsibility for acceptable student dress and appearance. Teachers and all other district

personnel should exemplify and reinforce acceptable student dress and help students develop anunderstanding of appropriate appearance in the school setting.

If a students dress is deemed to be interfering with the educational process, or the teachers ability to

teach the class, that student can be asked to change their clothing by either the teacher or staff member, ora building administrator.

A students dress, grooming and appearance, including hair style/color, jewelry, make-up and nails, shall:

1. Be safe, appropriate and not disrupt or interfere with the educational process.

2. Recognize that extremely brief garments such as, but not limited to tank tops, tube tops, net

tops, halter tops, plunging necklines (front and/or back) and see-through garments are not appropriate.

3. Ensure that underwear is completely covered with outer clothing.

4. Include footwear at all times. Footwear that is a safety hazard will not be allowed.

5. Not include the wearing of hats, visors, headbands/bandanas during the school day, except for a

medical or religious purpose, without prior school permission.

6. Not include items that are vulgar, obscene, and libelous or denigrate others on account of race,

color, religion, creed, national origin, gender, sexual orientation or disability.

7. Not promote and/or endorse the use of alcohol, tobacco or illegal drugs and/or encourage otherillegal or violent activities.

Each building principal or his or her designee shall be responsible for informing all students and

their parents of the student dress code at the beginning of the school year and any revisions to the dresscode made during the school year.

Students who violate the student dress code shall be required to modify their appearance by

covering or removing the offending item and, if necessary or practical, replacing it with an acceptable

item and, if necessary or practical, replacing it with an acceptable item. Any student who refuses to do so

shall be subject to discipline, up to and including in-school suspension for the day. Any student who

repeatedly fails to comply with the dress code shall be subject to further discipline, up to and including

removal from school for the day.

VI. Prohibited Student Conduct

The Board of Education expects all students to conduct themselves in an appropriate and civil

manner, with proper regard for the rights and welfare of other students, district personnel and other

members of the school community, and for the care of school facilities and equipment.

The best discipline is self-imposed, and students must learn to assume and accept responsibility for

their own behavior, as well as the consequences of their misbehavior. District personnel who interact with



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students are expected to use disciplinary action only when necessary and to place emphasis on the

students ability to grow in self-discipline.

The board recognizes the need to make its expectations for student conduct while on school

property or engaged in a school function specific and clear. The rules of conduct listed below are intended

to do that and focus on safety and respect for the rights and property of others. These rules will act as

guidelines because each building, with its different age groups, will have its own unique problems or

concerns. Students who will not accept responsibility for their own behavior and who violate these

school rules will be required to accept the penalties for their conduct. In addition, students may be subjectto criminal prosecution and/or civil liability.

Students may be subject to disciplinary action, up to and including suspension from school, when

they:

A. Engage in conduct that is disorderly. Examples of disorderly conduct include:

1. Running in hallways,pushing, shoving, tripping, throwing objects, and throwing

snowballs.

2. Making unreasonable noise.

3. Using language or gestures that is profane, lewd, vulgar or abusive.4. Obstructing vehicular or pedestrian traffic.

5. Engaging in any willful act which disrupts the normal operation of the school community.

6. Trespassing. Students are not permitted in any school building, other than the one theyregularly attend, without permission from the administrator in charge of the building.

7. Computer/electronic communications misuse, including any unauthorized use of

computers, software, or Internet/Intranet account; accessing inappropriate websites; or any

other violation of the districts acceptable use policy.

B. Engage in conduct that is insubordinate. Examples of insubordinate conduct include:

1. Failing to comply with the reasonable directions of teachers, school administrators or other

school employees in charge of students or otherwise demonstrating disrespect.

2. Lateness for, missing or leaving school without permission.

3. Skipping detention.

C. Engage in conduct that is disruptive. Examples of disruptive conduct include:1. Talking without permission.

2. Inappropriate noise or gestures, interrupting teachers or students or any other behavior that

interferes with the teachers ability to conduct class.

D. Engage in conduct that is violent. Examples of violent conduct include:

1. Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a

teacher, student, administrator or other school employee or attempting to do so.

2. Causing other students to engage in violence (such as hitting, kicking, punching and

scratching) on school property.

3. Possessing a weapon. Authorized law enforcement officials are the only persons permitted

to have a weapon in their possession while on school property or at a school function.

4. Displaying what appears to be a weapon.

5. Threatening to use any weapon or using a weapon.

6. Intentionally damaging or destroying the personal property of a student, teacher,

administrator, other district employee or any person lawfully on school property, including

graffiti or arson.

7. Intentionally damaging or destroying school district property.

8. Damaging textbooks, workbooks, and any other school property issued for coursework by

teachers.



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E. Engage in conduct that endangers the safety, morals, health or welfare of others. Examples of

such conduct include:

1. Lying to school personnel.

2. Stealing the property of other students, school personnel or any other person lawfully on

school property or attending a school function.

3. Defamation, which includes making false or unprivileged statements or representations

about an individual or identifiable group of individuals that harm the reputation of the

person or the identifiable group by demeaning them.4. Discrimination, which includes the use of race, color, creed, national origin, religion,

gender, sexual orientation or disability as a basis for treating another in a negative manner.

5. Harassment, which includes a sufficiently severe action or a persistent, pervasive pattern of

actions or statements directed at an identifiable individual or group which are intended to

be or which a reasonable person would perceive as ridiculing or demeaning.

6. Intimidation/Bullying, which includes engaging in actions or statements that put an

individual in fear of bodily harm. For all students, instruction in patriotism and

citizenship, as required by section 801 of the DASA Education Law;

for all public school students, other than students in charter schools, instruction incivility, citizenship and character education as required by section 801-a of the

Education Law will be enforced at school. Cassadaga Valley Central School District will be

using the OLWEUS Bullying Prevention Program in all grade levels in the district toaddress bullying and harassment in accordance with the DASA Act.

(http://www.olweus.org/public/index.page)

Discrimination and harassment against any student by employees or students on school

property or at a school function, that creates a hostile environment by conduct,

with or without physical contact and/or by verbal threats, intimidation or abuse, of such a

sever nature that:

a) It has or would have the effect of unreasonably and substantially interfering

with a students educational performance, opportunities or benefits, or

mental, emotional and/or physical well-being.

b) It reasonably causes or would reasonably be expected to cause a student to

fear for his or her safety.

Such conduct shall include, but is not limited to, threats, intimidation or abuse based on apersons actual or perceived race, color, weight, national origin, ethnic group, religion,

religious practices, disablility, sexual orientation, gender, or sex.

7. Hazing, which includes any intentional or reckless act directed against another for thepurpose of initiation into, affiliating with or maintaining membership in any school

sponsored activity, organization, club or team.

8. Selling, using or possessing obscene material.

9. Using vulgar or abusive language, cursing or swearing.

10. Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.

11. Possessing, consuming, selling, distributing sharing or exchanging alcoholic beverages,

controlled or illegal substances, or being under the influence of either. Illegal substances

include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines,

heroin, steroids, look-alike drugs, and any substances commonly referred to as designer

drugs. Controlled substances that are legally possessed or used under the supervision of a

licensed health care professional or used under any other provision of federal law.

Possessing drug paraphernalia for the use of such drugs.

12. Sharing prescription and over-the-counter drugs.

13. Gambling

14. Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or

indecent manner.

http://www.olweus.org/public/index.pagehttp://www.olweus.org/public/index.page


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14. Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911,

or discharging a fire extinguisher.

15. Possessing of discharging fireworks, explosives or incendiary devices in a school building

or on school property.

F. Engage in misconduct while on a school bus. It is crucial for students to behave appropriately

while riding on district buses to ensure their safety and that of other passengers and to avoid

distracting the bus driver. Students are required to conduct themselves on the bus in a mannerconsistent with established standards for classroom behavior. Excessive noise, pushing,

shoving, fighting, and failure to follow the bus drivers instructions will not be tolerated.

G. Engage in any form of academic misconduct. Examples of academic misconduct include: 1)

Plagiarism, 2) Cheating, 3) Copying, 4) Altering records, and 5) Assisting another student in

any of the above actions.

H. Engage in truancy/illegal absences

I. Engage in behaviors non-compliant with established policies.

VII. Reporting Violations

All students are expected to promptly report violations of the Code of Conduct to a teacher,guidance counselor, the building principal or his or her designee. Any student observing a student

possessing a weapon, alcohol or illegal substance on school property or at a school function shall report

this information immediately to a teacher, the building principal, the principals designee or the

Superintendent.

All district staff that is authorized to impose disciplinary sanctions is expected to do so in a prompt,

fair and lawful manner. District staff who are not authorized to impose disciplinary sanctions are expected

to promptly report violations of the Code of Conduct to their supervisor, who shall in turn impose an

appropriate disciplinary sanction. Any weapon, alcohol or illegal substance found shall be confiscated

immediately, if possible, followed by notification to the parent of the student involved and the appropriate

disciplinary sanction if warranted, which may include permanent suspension and referral for prosecution.

The building principal or his or her designee must notify the appropriate local law enforcement

agency of those code violations that constitute a crime and substantially affect the order or security of aschool as soon as practical, but in no event later than the close of business the day the principal or his or

her designee learns of the violation. The notification may be made by telephone, followed by a letter

mailed within a 24 hour time frame. The notification must identify the student and explain the conductthat violated the Code of Conduct and constituted a crime.

VIII. Disciplinary Penalties, Procedures and Referrals

Discipline is most effective when it deals directly with the problem at the time and place it occurs,

and in a way that students view as fair and impartial. School personnel who interact with students are

expected to use disciplinary action only when necessary and to place emphasis on the students ability to

grow in self-discipline.

Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective

in changing student behavior. In determining the appropriate disciplinary action, school personnel

authorized to impose disciplinary penalties will consider the following:

The students age.

The nature of the offense and the circumstances which led to the offense.

The students prior disciplinary record.

The effectiveness of other forms of discipline.

Information from parents, teachers and/or others, as appropriate.

Other extenuating circumstances.



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As a general rule, discipline will be progressive. This means that a students first violation will

usually merit a lighter penalty than subsequent violations.

If the conduct of a student is related to a disability or suspected disability, the student shall be

referred to the Committee on Special Education and discipline, if warranted, shall be administered

consistent with the separate requirements of this code of conduct for disciplining students with a disability

or presumed to have a disability.

Every student who is sent to an administrator with the intent of that administrator dealing with thestudent for disciplinary concerns; a written referral form must be sent down to the office at the

teachers earliest convenience without disruption of the educational process. These discipline

referrals will be entered into POWERSCHOOL by clerical staff and every referral form will be

sent home to parents or guardians, accompanied by a letter from the school. The principal will

then send back communication to the teacher as to what has been done about the infraction. If this

referral defines bullying or harassment as part of the violation, the victims parent will also be

contacted in some manner from administration.

A. Penalties

Students who are found to have violated the Districts Code of Conduct may be subject to the

following penalties, either alone or in combination. The school personnel identified after each

penalty are authorized to impose that penalty, consistent with the students right to due process.

1. Oral warning any member of the district staff.

2. Written warning bus drivers, hall and lunch monitors, teacher aides, coaches, guidance

counselors, teachers, principal, and superintendent.

3. Written notification to parent coaches, guidance counselors, teachers, principal, and

superintendent.

4. Detention teachers, principal, superintendent.

5. Suspension from transportation supervisor of transportation, principal, superintendent.

6. Suspension from athletic participation athletic director, coaches, athletic director,principal,

superintendent.

7. Suspension from social or extracurricular activities activity director, coaches, athletic

director,principal, superintendent.8. Suspension of other privileges principal, superintendent.

9. In-school suspension principal, superintendent.

10. Removal from classroom by teacher teachers, principal, counselor.11. Short-term (five days or less) suspension from school principal, superintendent, Board of

Education.

12. Long-term (more than five days) suspension from school superintendent, Board of

Education.

13. Permanent suspension from school superintendent, Board of Education.

B. Procedures

All students are entitled to due process. In all cases, regardless of the penalty imposed,

the school personnel authorized to impose the penalty must inform the student of the alleged

misconduct and must investigate, to the extent necessary, the facts surrounding the alleged

misconduct. All students will have an opportunity to present their version of the facts to the

school personnel imposing the disciplinary penalty in connection with the imposition of the

penalty.

Students who are to be given penalties other than an oral warning, written warning or

written notification to their parents are entitled to additional rights before the penalty is

imposed. These additional rights are explained below.



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1. Detention

Teachers, principals and the Superintendent may use after-school detention as a

penalty for student misconduct in situations where removal from the classroom or

suspension would be inappropriate.

2. Suspension from transportation

If a student does not conduct himself/herself properly on a bus, the bus driver is

expected to bring such misconduct to thebuilding principals attention. Students who

become a serious disciplinary problem may have their riding privileges suspended by thebuilding principal or the Superintendent, or their designees. In such cases, the students

parent will become responsible for seeing that his or her child gets to and from school

safely. Should the suspension from transportation amount to a suspension from attendance,

the district will make appropriate arrangements to provide for the students education.

A student subjected to a suspension from transportation is not entitled to a full

hearing pursuant to Education Law 3214. However, the student and the students parent

will be provided with a reasonable opportunity for an informal conference with the

building principal or the principals designee to discuss the conduct and the penalty

involved.3. Suspension from athletic participation, extracurricular activities and other privileges

A student subjected to a suspension from athletic participation, extracurricularactivities or other privileges is not entitled to a full hearing pursuant to Education Law

3214. However, the student and the students parent will be provided with a reasonable

opportunity for an informal conference with the district official imposing the suspension to

discuss the conduct and the penalty involved.

As a disciplinary measure for certain violations of school rules, a student may be

placed on social probation by one of the principals. This means that the student is

excluded from attendance at or participation in all extracurricular and social activities. A

pupil who has been assigned social probation will have very limited freedom and

privileges during the school day and will be required to leave the school at the regular

dismissal time each day. (Note: Refer to the Extracurricular Guide and Code of Ethics.)

In-school suspension The Board recognizes the school must balance the need of students to attend school

and the need for order in the classroom to establish an environment conducive to learning.

As such, the Board authorizes building principals and the Superintendent to place studentswho would otherwise be suspended from school as the result of a Code of Conduct

violation in in-school suspension. A student subjected to an in-school suspension is not

entitled to a full hearing pursuant to Education Law 3214. However, the student and the

students parent will be provided with a reasonable opportunity for an informal conference

with the district official imposing the in-school suspension to discuss the conduct and the

penalty involved. Written notification will be sent to all parents for all in-school

suspensions and social probation.

5. Teacher disciplinary removal of disruptive students A students behavior can affect a teachers ability to teach and can make it difficult

for other students in the classroom to learn. In most instances the classroom teacher can

control a students behavior and maintain or restore control over the classroom by using

good classroom management techniques. These techniques may include practices that

involve the teacher directing a student to briefly leave the classroom to give the student an

opportunity to regain his or her composure and self-control in an alternative setting. Such

practices may include, but are not limited to: (1) short-term time out in an elementary

classroom or in an administrators office; (2) sending a student into the hallway briefly; (3)

sending a student to the principals office for the remainder of the class time only; or (4)



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sending a student to a guidance counselor, school psychologist or other district staff

member for counseling. Time-honored classroom management techniques such as these do

not constitute disciplinary removals for purposes of this Code.

On occasion, a students behavior may become disruptive. For purposes of this Code

of Conduct, a disruptive student is a student who is substantially disruptive of the

educational process or substantially interferes with the teachers authority over the

classroom. A substantial disruption of the educational process or substantial interference

with a teachers authority occurs when a student demonstrates a persistent unwillingness tocomply with the teachers instructions or repeatedly violates the teachers classroom

behavior rules.

A classroom teacher may remove a disruptive student from class for up to five days.

The removal from class applies to the class of the removing teacher only.

If the disruptive student does not pose a danger or ongoing threat of disruption to the

academic process, the teacher must provide the student with an explanation for why he or

she is being removed and an opportunity to explain his or her version of the relevant events

before the student is removed. Only after the informal discussion may a teacher remove a

student from class.If the student poses a danger or ongoing threat of disruption, the teacher may order

the student to be removed immediately. The teacher must, however, explain to the student

why he or she was removed from the classroom and give the student a chance to presenthis or her version of the relevant events within 24 hours.

The teacher must complete a district-established disciplinary removal form and meet

with the principal of his or her designee as soon as possible, but no later than the end of the

school day, to explain the circumstances of the removal and to present the removal form. If

the principal or designee is not available by the end of the same school day, the teacher

must leave the form with the secretary and meet with the principal or designee prior to the

beginning of classes on the next school day.

Within 24 hours after the students removal, the principal or another district

administrator designated by the principal must notify the students parents, in writing, that

the student has been removed from class and why. The notice must also inform the parent

that he or she has the right, upon request, to meet informally with the principal and/or the

teacher (or the principals designee) to discuss the reasons for the removal.The written notice will be mailed within 24 hours of the students removal at the last

known address for the parents. Where possible, notice should also be provided by

telephone if the school has been provided with a telephone number(s) for the purpose ofcontacting parents.

The principal may require the teacher who ordered the removal to attend the

informal conference.

If at the informal meeting the student denies the charges, the principal or the

principals designee must explain why the student was removed and give the student and

the students parents a chance to present the students version of the relevant events. The

informal meeting must be held within 48 hours of the students removal. The timing of the

informal meeting may be extended by mutual agreement of the parent and principal.

The principal or the principals designee may overturn the removal of the student

from class if the principal finds any one of the following:

a. The charges against the student are not supported by substantial evidence.

b. The students removal is otherwise in violation of law, including the Districts

Code of Conduct.

c. The conduct warrants suspension from school pursuant to Education Law 3214

and a suspension will be imposed.

The principal or his or her designee may overturn a removal at any point between

receiving the referral form issued by the teacher and the close of business on the day



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following the 48-hour period for the informal conference, if a conference is requested. No

student removed from the classroom by the classroom teacher will be permitted to return to

the classroom until the principal makes a final determination, or the period of removal

expires, whichever is less.

Any disruptive student removed from the classroom by the classroom teacher shall

be offered continued educational programming and activities until he or she is permitted to

return to the classroom.

Each teacher must keep a complete log (on a district provided form) for all cases ofremoval of students from his or her class. The principal must keep a log of all removals of

students from class.

Removal of a student with a disability, under certain circumstances, may constitute a

change in the students placement. Accordingly, no teacher may remove a student with a

disability from his or her class until he or she has verified with the principal that the

removal will not violate the students rights under state or federal law or regulation.

6. Suspension from school

Suspension from school is a severe penalty, which may be imposed only upon

students who are insubordinate, disorderly, violent or disruptive, or whose conductotherwise endangers the safety, morals, health, or welfare of others.

The Board retains its authority to suspend students, but places primary responsibility

for the suspension of students with the Superintendent and the building principals.Any staff member may recommend to the Superintendent or the principal that a

student be suspended. All staff members must immediately report and refer a violent

student to the principal or the Superintendent for a violation of the Code of Conduct. All

recommendations and referrals warrant immediate attention. In such cases a written report

is to be prepared as soon as possible by the staff member recommending the suspension.

The Superintendent or principal, upon receiving a recommendation or referral for

suspension or when processing a case for suspension, shall gather the facts relevant to the

matter and record them for subsequent presentation, if necessary.

a. Short-term (5 days or less) suspension from school

When the Superintendent or principal (referred to as the suspending

authority) proposes to suspend a student charged with misconduct for five daysor less pursuant to Education Law 3214(3), the suspending authority must

immediately notify the student orally. If the student denies the misconduct, the

suspending authority must provide an explanation of the basis for the proposedsuspension. The suspending authority must also notify the students parents in

writing that the student will be suspended from school. The written notice must

be provided by personal delivery, express mail delivery, or some other means

that is reasonably calculated to assure receipt of the notice within 24 hours of

the decision to propose suspension at the last known address for the parents.

Where possible, notice should also be provided by telephone if the school has

been provided with a telephone number for the purpose of contacting the

parents.

The notice shall provide a description of the charges against the student

and the incident for which suspension is proposed and shall inform the parents

of the right to request an immediate informal conference with the principal. If a

personal appearance is not possible, a phone conference is acceptable, if both

the parents and principal agree. Both the notice and informal conference shall be

in the dominant language or mode of communication used by the parents. At the

conference, the parents shall be permitted to ask questions of complaining

witnesses under such procedures as the principal may establish.



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The notice and opportunity for an informal conference shall take place

before the student is suspended unless the students presence in school poses a

continuing danger to persons or property or an ongoing threat of disruption to

the academic process. If the students presence does pose such a danger or threat

of disruption, the notice and opportunity for an informal conference shall take

place as soon after the suspension as is reasonably practicable.

After the conference, the principal shall promptly advise the parents in

writing of his or her decision.The principal shall advise the parents that if they are not satisfied with

the decision and wish to pursue the matter, they must file a written appeal to the

Superintendent within five business days, unless they can show extraordinary

circumstances precluding them from doing so. The Superintendent shall issue a

written decision regarding the appeal within 10 business days of receiving the

appeal. If the parents are not satisfied with the Superintendents decision, they

must file a written appeal to the Board of Education with the district clerk within

10 business days of the date of the Superintendents decision, unless they can

show extraordinary circumstances precluding them from doing so. Only finaldecisions of the Board may be appealed to the Commissioner within 30 days of

the decision.

b. Long-term (more than 5 days) suspension from school When the Superintendent determines that a suspension for more than five

days may be warranted, he or she shall give reasonable notice to the student and

the students parents of their right to a fair hearing. At the hearing the student

shall have the right to be represented by counsel, the right to question witnesses

against him or her and the right to present witnesses and other evidence on his

or her behalf.

The Superintendent shall personally hear and determine the proceeding

or may, in his or her discretion, designate a hearing officer to conduct the

hearing. The hearing officer shall be authorized to administer oaths and to issue

subpoenas in conjunction with the proceeding before him or her. A record of the

hearing shall be maintained, but no stenographic transcript shall be required. A

tape recording shall be deemed a satisfactory record. The hearing officer shallmake findings of fact and recommendations as to the appropriate measure of

discipline to the Superintendent. The report of the hearing officer shall be

advisory only, and the Superintendent may accept all or any part thereof.An appeal of the decision of the Superintendent may be made to the

Board that will make its decision based solely upon the record before it. All

appeals to the Board must be in writing and submitted to the district clerk within

10 business days of the date of the Superintendents decision, unless the parents

can show that extraordinary circumstances precluded them from doing so. The

Board may adopt in whole or in part the decision of the Superintendent. Final

decisions of the Board may be appealed to the Commissioner within 30 days of

the decision.

c. Permanent suspension

Permanent suspension is reserved for extraordinary circumstances such

as where a students conduct poses a life-threatening danger to the safety and

well-being of other students, school personnel or any other person lawfully on

school property or attending a school function.

C. Minimum Periods of Suspension

1. Students who bring a weapon to school



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Any student, other than a student with a disability, found guilty of bringing a

weapon onto school property will be subject to suspension from school for at least one

calendar year. Before being suspended, the student will have an opportunity for a hearing

pursuant to Education Law 3214. The Superintendent has the authority to modify the

one year suspension on a case-by-case basis. In deciding whether to modify the penalty,

the Superintendent may consider the following:

a. The students age.

b. The students grade in school.c. The students prior disciplinary record.

d. The Superintendents belief that other forms of discipline may be more effective.

e. Input from parents, teachers and/or others.

f. Other extenuating circumstances.

A student with a disability may be suspended only in accordance with the

requirements of state and federal law.

2. Students who commit violent acts other than bringing a weapon to school

Any student, other than a student with a disability, who is found to have committed a

violent act, other than bringing a weapon onto school property, shall be subject tosuspension from school for up to 5 days. In the case of fighting, the first offense will be a

minimum two-day out-of-school suspension. The second offense will be a 5-day out-of-

school suspension and a hearing with the Superintendent of Schools. The student and thestudents parents will be given the same notice and opportunity for an informal

conference given to all students subject to a short-term suspension. If the proposed

penalty exceeds the minimum 5-day suspension, the student and the students parents

will be given the same notice and opportunity for a hearing given to all students subject

to a long-term suspension. The Superintendent has the authority to modify the minimum

5-day suspension on a case-by-case basis. In deciding whether to modify the penalty, the

Superintendent may consider the same factors considered in modifying a one-year

suspension for possessing a weapon.

3. Students who are repeatedly substantially disruptive of the educational process or

repeatedly substantially interferes with the teachers authority over the classroom

Any student, other than a student with a disability, who repeatedly is substantially

disruptive of the educational process or substantially interferes with the teachersauthority over the classroom, will be suspended from school for up to 5 days. For

purposes of this Code of Conduct, repeatedly is substantially disruptive means

engaging in conduct that results in the student being removed from the classroom byteacher(s) pursuant to Education Law 3214(3-a) and this Code. If the proposed penalty

is up to a 5-day suspension, the student and the students parent will be given the same

notice and opportunity for an informal conference given to all students subject to a short-

term suspension. If the proposed penalty exceeds the minimum 5-day suspension, the

student and the students parent will be given the same notice and opportunity for a

hearing given to all students subject to a long-term suspension. The Superintendent has

the authority to modify the up to 5-day suspension on a case-by-case basis. In deciding

whether to modify the penalty, the Superintendent may consider the same factors

considered in modifying a one-year suspension for possessing a weapon.

D. Referrals

1. Counseling

The guidance office shall handle all referrals of students to counseling.

2. PINS Petitions

The District may file a PINS (Person In Need of Supervision) on any student under

the age of 18 for any reason permitted by law, including the following which are meant

to be an example:Check education law



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a. Being habitually truant and not attending school as required by part one of Article

65 of the Education Law.

b. Engaging in an ongoing or continual course of conduct which makes the student

ungovernable, or habitually disobedient and beyond the lawful control of the school.

c. Knowingly and unlawfully possesses marijuana in violation of Penal Law 221.05.

A single violation of 221.05 will be sufficient basis for filing a PINS petition.

3. Juvenile Delinquents and Juvenile Offenders

The Superintendent is required to refer the following students to the CountyAttorney for a juveniles delinquency proceeding before the Family Court:

a. Any student under the age of 16 who is found to have brought a weapon to school,

or

b. Any student 14 or 15 years old who qualifies for juvenile offender status under the

Criminal Procedure Law 1.20(42).

The Superintendent is required to refer students age 16 and older or any student 14

or 15 years old who qualifies for juvenile offender status to the appropriate law

enforcement authorities.

IX. Alternative Instruction

When a student of any age is removed from class by a teacher or a student of compulsoryattendance age is suspended from school pursuant to Education Law 3214, the District will take steps to

provide alternative means of instruction for the student.

These means may include, but are not limited to:

1. OSS instruction at BOCES

2. Home instruction

3. Home instruction at a neutral site

X. Discipline of Students with Disabilities

The Board recognizes that it may be necessary to suspend, remove or otherwise discipline students

with disabilities to address disruptive or problem behavior. The Board also recognizes that students with

disabilities enjoy certain procedural protections whenever school authorities intend to impose disciplineupon them. The Board is committed to ensuring that the procedures followed for suspending, removing or

otherwise disciplining students with disabilities are consistent with the procedural safeguards required by

applicable laws and regulations.This Code of Conduct affords students with disabilities subject to disciplinary action no greater or

lesser rights than those expressly afforded by applicable federal and state law and regulations.

A. Authorized Suspensions or Removals of Students with Disabilities

1. For purposes of this section of the Code of Conduct, the following definitions apply:

A suspension means a suspension pursuant to Education Law 3214.

A removal means a removal for disciplinary reasons from the students current

educational placement other than a suspension and change in placement to an interim

alternative educational setting (IAES) ordered by an impartial hearing officer because

the student poses a risk of harm to himself or herself or others.

An IAES means a temporary educational placement for a period of up to 45 days,

other than the students current placement at the time the behavior precipitating the IAES

placement occurred, that enables the student to continue to progress in the general

curriculum, although in another setting, to continue to receive those services and

modifications, including those described on the students current individualized

education program (IEP), that will enable the student to meet the goals set out in such



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IEP, and include services and modifications to address the behavior which precipitated

the IAES placement that are designed to prevent the behavior from recurring.

2. School personnel may order the suspension or removal of a student with a disability

from his or her current educational placement as follows:

a. The Board, the District (BOCES) Superintendent of Schools, or a building principal

may order the placement of a student with a disability into an IAES, another setting

or suspension for a period not to exceed 5 consecutive school days and not to exceed

the amount of time a non-disabled student would be subject to suspension for thesame behavior.

b. The Superintendent may order the placement of a student with a disability into an

IAES, another setting or suspension for up to 10 consecutive school days, inclusive

of any period in which the student has been suspended or removed under

subparagraph (a) above for the same behavior, if the Superintendent determines that

the student has engaged in behavior that warrants a suspension and the suspension or

removal does not exceed the amount of time non-disabled students would be subject

to suspension for the same behavior.

c. The Superintendent may order additional suspensions of not more than 10consecutive school days in the same school year for separate incidents of

misconduct, as long as those removals do not constitute a change of placement.

d. The Superintendent may order the placement of a student with a disability in anIAES to be determined by the Committee on Special Education (CSE), for the same

amount of time that a student without a disability would be subject to discipline, but

not more than 45 days, if the student carries or possesses a weapon to school or to a

school function, or the student knowingly possesses or uses illegal drugs or sells or

solicits the sale of a controlled substance while at school or at a school function.

1) Weapon means the same as dangerous weapon under 18 U.S.C. 930(g)

(w) which includes a weapon, device, instrument, material or substance,

animate or inanimate, that is used for, or is readily capable of causing death or

serious bodily injury, exceptfor a pocket knife with a blade of less than 2

inches in length.

2) Controlled Substance means a drug or other substance identified in certain

provisions of the federal Controlled Substances Act specified in both federaland state law and regulations applicable to this policy.

3) Illegal Drugs means a controlled substance except for those legally

possessed or used under the supervision of a licensed healthcare professionalor that is legally possessed or used under any other authority under the

Controlled Substances Act or any other federal law.

3. Subject to specified conditions required by both federal and state law and regulations, an

impartial hearing officer may order the placement of a student with a

disability in an IAES setting for up to 45 days at a time, if maintaining the

student in his or her current educational placement poses a risk of harm to the

student or others.

B. Change of Placement Rule

1. A disciplinary change in placement means a suspension or removal from a students

current educational placement that is either:

a. for more than 10 consecutive school days; or

b. for a period of 10 consecutive school days or less if the student is subjected to a

series of suspensions or removals that constitute a pattern because they cumulate to

more than 10 school days in a school year and because of such factors as the length



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of each suspension or removal, the total amount of time the student is removed and

the proximity of the suspensions or removals to one another.

2. School personnel may not suspend or remove a student with disabilities if imposition of

the suspension or removal would result in a disciplinary change in placement based on a

pattern of suspension or removal. However, the District may impose a suspension or

removal, which would otherwise result in a disciplinary change in placement, based on a

pattern of suspensions or removals if the CSE has determined that the behavior was not a

manifestation of the students disability, or the student is placed in an IAES for behaviorinvolving weapons, illegal drugs or controlled substances.

C. Special Rules Regarding the Suspension or Removal of Students with Disabilities

1. The Districts Committee on Special Education shall:

a. Conduct functional behavioral assessments to determine why a student engages in a

particular behavior, and develop or review behavioral intervention plans whenever

the District is first suspending or removing a student with a disability for more than

10 school days in a school year or imposing a suspension or removal that constitutesa disciplinary change in placement, including a change in placement to an IAES for

misconduct involving weapons, illegal drugs or controlled substances.

If, subsequently, a student with a disability who has a behavioral interventionplan and who has been suspended or removed from his or her current educational

placement for more than 10 school days in a school year is subjected to a suspension

or removal that does not constitute a disciplinary change in placement, the members

of the CSE shall review the behavioral intervention plan and its implementation to

determine if modifications are necessary.

If one or more members of the CSE believe that modifications are needed, the

school district shall convene a meeting of the CSE to modify such plan and its

implementation, to the extent the Committee determines necessary.

b. Conduct a manifestation determination review of the relationship between the

students disability and the behavior subject to disciplinary action whenever a

decision is made to place a student in an IAES either for misconduct involving

weapons, illegal drugs or controlled substances or because maintaining the student inhis/her current educational setting poses a risk of harm to the student or others; or a

decision is made to impose a suspension that constitutes a disciplinary change in

placement.2. The parents of a student who is facing disciplinary action, but who has not been

determined to be eligible for services under IDEA and Article 89 at the time of

misconduct, shall have the right to invoke applicable procedural safeguards set forth in

federal and state law and regulations if, in accordance with federal and state statutory

and regulatory criteria, the school district is deemed to have had knowledge that their

child was a student with a disability before the behavior precipitating disciplinary action

occurred. If the District is deemed to have had such knowledge, the student will be

considered a student presumed to have a disability for discipline purposes.

a. The Superintendent, building principal or other school official imposing a

suspension or removal shall be responsible for determining whether the student is a

student presumed to have a disability.

b. A student will not be considered a student presumed to have a disability for

discipline purposes if, upon receipt of information supporting a claim that the

District had knowledge the student was a student with a disability, the District

either:

1) conducted an individual evaluation and determined that the student is not a

student with a disability, or



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2) determined that an evaluation was not necessary and provided notice to the

parents of such determination, in the manner required by applicable law and

regulations.

If there is no basis for knowledge that the student is a student with a disability

prior to taking disciplinary measures against the student, the student may be subjected to

the same disciplinary measures as any other non-disabled student who engaged in

comparable behaviors. However, if a request for an individual evaluation is made while

such non-disabled student is subjected to a disciplinary removal, an expedited evaluationshall be conducted and completed in the manner prescribed by applicable federal and

state law and regulations. Until the expedited evaluation is completed, the non-disabled

student who is not a student presumed to have a disability for discipline purposes shall

remain in the educational placement determined by the District, which can include

suspension.

3. The District shall provide parents with notice of disciplinary removal no later than the

date on which a decision is made to change the placement of a student with a disability

to an IAES for either misconduct involving weapons, illegal drugs or controlled

substances or because maintaining the student in his/her current educational setting posesa risk of harm to the student or others; or a decision is made to impose a suspension or

removal that constitutes a disciplinary change in placement. The procedural safeguards

notice prescribed by the Commissioner shall accompany the notice of disciplinaryremoval.

4. The parents of a student with disabilities subject to a suspension of 5 consecutive school

days or less shall be provided with the same opportunity for an informal conference

available to parents of non-disabled students under the Education law.

5. Superintendent hearings on disciplinary charges against students with disabilities subject

to a suspension of more than 5 school days shall be bifurcated into a guilt phase and a

penalty phase in accordance with the procedures set forth in the Commissioners

Regulations incorporated into this Code.

6. The removal of a student with disabilities other than a suspension or placement in an

IAES shall be conducted in accordance with the due process procedures applicable to

such removals of non-disabled students, except that school personnel may not impose

such removal for more than 10 consecutive days or for a period that would result in adisciplinary change in placement, unless the CSE has determined that the behavior is not

a manifestation of the students disability.

7. During any period of suspension or removal, including placement in an IAES, studentswith disabilities shall be provided services as required by the Commissioners

Regulations incorporated into this Code.

D. Expedited Due Process Hearings

1. An expedited due process hearing shall be conducted in the manner specified by the

Commissioners Regulations incorporated into this Code, if:

a. The District requests such a hearing to obtain an order of an impartial hearing officer

placing a student with a disability in an IAES where school personnel maintain that

it is dangerous for the student to be in his or her current educational placement, or

during the pendency of due process hearings where school personnel maintain that it

is dangerous for the student to be in his or her current educational placement during

such proceedings.

b. The parent requests such a hearing from a determination that the students behavior

was not a manifestation of the students disability, or relating to any decision

regarding placement, including but not limited to, any decision to place the student

in an IAES.



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1) During the pendency of an expedited due process hearing or appeal regarding

the placement of a student in an IAES for behavior involving weapons, illegal

drugs or controlled substances, or on grounds of dangerousness, or regarding a

determination that the behavior is not a manifestation of the students disability

for a student who has been placed in an IAES, the student shall remain in the

IAES pending the decision of the impartial hearing officer or until expiration of

the IAES placement, whichever occurs first, unless the parents and the District

agree otherwise.2) If school personnel propose to change the students placement after expiration

of an IAES placement, during the pendency of any proceeding to challenge the

proposed change in placement, the student shall remain in the placement prior to

removal to the IAES, except where the students is again placed in an IAES.

2. An expedited due process hearing shall be completed within 15 business days of receipt

of the request for a hearing. Although the impartial hearing officer may grant specific

extensions of such time period, he or she must mail a written decision to the District and

the parents within 5 business days after the last hearing date, and in no event later than

45 calendar days after receipt of the request for a hearing, without exceptions orextensions.

E. Referral to Law Enforcement and Judicial Authorities

In accordance with the provisions of IDEA and its implementing regulations:

1. The District may report a crime committed by a child with a disability to appropriate

authorities, and such action will not constitute a change of the students placement.

2. The Superintendent shall ensure that copies of the special education and disciplinary

records of a student with disabilities are transmitted for consideration to the appropriate

authorities to whom a crime is reported.

XI. Corporal Punishment

Corporal punishment is any act of physical force upon a student for the purpose of punishing that

student. Corporal punishment of any student by any District employee is strictly forbidden. However, insituations where alternative procedures and methods that do not involve the use of physical force cannot

reasonably be used, reasonable physical force may be used to:

1. Protect oneself, another student, teacher or any person from physical injury.

2. Protect the property of the school or others.

3. Restrain or remove a student whose behavior interferes with the orderly exercise and

performance of school district functions, powers and duties, if that student has refused to

refrain from further disruptive acts.

The District will file all complaints about the use of corporal punishment with the Commissioner of

Education in accordance with Commissioners Regulations.

XII. Student Searches and Interrogations

The Board of Education is committed to ensuring an atmosphere on school property and at school

functions that is safe and orderly. To achieve this kind of environment, any school official authorized to

impose a disciplinary penalty on a student may question a student about an alleged violation of law or the

District Code of Conduct. Students are not entitled to any sort of Miranda-type warning before being

questioned by school officials, nor are school officials required to contact a students parent before

questioning the student. However, school officials will tell all students why they are being questioned.



20/24

In addition, the Board authorizes the Superintendent, buildings principals, the school nurse (at the

principals request) and district security officials to conduct searches of students and their belongings if

the authorized school official has reasonable suspicion to believe that the search will result in evidence

that the student violated the law or the District Code of Conduct.

An authorized school official may conduct a search of a students belongings that is minimally

intrusive, such as touching the outside of a book bag, without reasonable suspicion, so long as the school

official has a legitimate reason for the very limited search.

An authorized school official may search a student or the students belongings based uponinformation received from a reliable informant. Individuals, other than the district employees, will be

considered reliable informants if they have previously supplied information that was accurate and

verified, or they make an admission against their own interest, or they provide the same information that

is received independently from other sources, or they appear to be credible and the information they are

communicating relates to an immediate threat to safety. District employees will be considered reliable

informants unless they are known to have previously supplied information that they knew was not

accurate. Before searching a student or the students belongings, the authorized school official should

attempt to get the student to admit that he or she possesses physical evidence that they violated the law or

the District Code, or get the student to voluntarily consent to the search. Searches will be limited to theextent necessary to locate the evidence sought. Whenever practicable, searches will be conducted in the

privacy of administrative offices and students will be present when their possessions are being searched.

A. Student Lockers, Desks and Other School Storage Places

The rules in this Code of conduct regarding searches of students and their belongings do

not apply to students lockers, desks and other school storage places. Students have no

reasonable expectation of privacy with respect to these places and school officials retain

complete control over them. This means that student lockers, desks and other school storage

places may be subject to search at any time by school officials, without prior notice to students

and without their consent.

B. Strip Searches

A strip search is a search that requires a student to remove any or all of his or her

clothing, other than an outer coat, jacket or footwear. If an authorized school official believes itis necessary to conduct a personal search of a student, the school official will contact

appropriate law enforcement and may do so only if the search is authorized in advance by the

Superintendent or the school attorney. The only exception to this rule requiring advancedauthorization is when the school official believes there is an emergency situation that could

threaten the safety of the student or others.

In every case, the school official conducting a strip search must have probable cause

not simply reasonable cause to believe the student is concealing evidence of a violation of

law or the District Code. In addition, before conducting a strip search, the school official must

consider the nature of the alleged violation, the students age, the students record and the need

for such a search.

C. Documentation of Searches

The authorized school official conducting the search shall be responsible for promptly

recording the following information about each search:

1. Name, age and grade of student searched.

2. Reason(s) for the search.

3. Name of any informant(s).

4. Purpose of search (that is, what item(s) were being sought).

5. Type and scope of search.



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6. Person conducting search and his or her title and position.

7. Witnesses, if any, to the search.

8. Time and location of search.

9. Results of search (that is, what items(s) were found).

10. Disposition of items found.

11. Time, manner and results of parental notification.

The building principal or the principals designee shall be responsible for the custody,

control and disposition of any illegal or dangerous item taken from a student. The principal orhis or her designee shall clearly label each item taken from the student and retain control of the

item(s), until the item(s) is turned over to the police. The principal or his or her designee shall

be responsible for personally delivering dangerous or illegal items to police authorities.

D. Police Involvement in Searches and Interrogations of Students

District officials are committed to cooperating with police officials and other law

enforcement authorities to maintain a safe school environment. Police officials, however, have

limited authority to interview or search students in schools or at school functions, or to search astudent or to conduct a formal investigation involving students only if they have:.

1. A search or an arrest warrant; or

2. Probable cause to believe a crime has been committed on school property or at a schoolfunction; or

3. Been invited by school officials.

Before police officials are permitted to question or search any student, the building

principal or his or her designee shall first try to notify the students parent to give the parent the

opportunity to be present during the police questioning or search. If the students parent cannot

be contacted prior to the police questioning or search, the questioning or search shall not be

conducted. The principal or designee will also be present during any police questioning or

search of a student on school property or at a school function.

Students who are questioned by police officials on school property or at a school

function will be afforded the same rights they have outside the school. This means:

1. They must be informed of their legal rights.2. They may remain silent if they so desire.

3. They may request the presence of an attorney.

E. Child Protective Services Investigations

Consistent with the Districts commitment to keep students safe from harm and the

obligation of school officials to report to Child Protective Services (CPS) when they have

reasonable cause to suspect that a student has been abused or maltreated, the District will

cooperate with local CPS workers who wish to conduct interviews of students on school

property relating to allegations of suspected child abuse, and/or neglect, or custody

investigations.

All requests by CPS to interview a student on school property shall be made directly to

the building principal or his/her designee. The principal or his/her designee shall set the time

and place of the interview. The principal or designee shall decide if it is necessary and

appropriate for a school official to be present during the interview, depending on the age of the

student being interviewed and the nature of the allegations. If the nature of the allegations is

such that it may be necessary for the student to remove any of his/her clothing in order for the

CPS worker to verify the allegations, the school nurse or other district medical personnel must

be present during that portion of the interview. No student may be required to remove his or

her clothing in front of a CPS worker or school district official of the opposite sex.



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A CPS worker may not remove a student from school property without a court order, unless the

worker reasonably believes that the student would be subject to danger of abuse if he or she

were not removed from school before a court order can reasonably be obtained. If the worker

believes the student would be subject to danger of abuse, the worker may remove the student

without a court order and without the parents consent.

XIII. Visitors to the Schools

The Board encourages parents and other district citizens to visit the Districts schools and classrooms to

observe the work of students, teachers and other staff. Since schools are a place of work and learning,

however, certain limits must be set for such visits. The building principal or his or her designee is

responsible for all persons in the building and on the grounds. For these reasons, the following rules apply

to visitors to the schools:

1. Anyone who is not a regular staff member or student of the school will be considered a visitor.

2. All visitors to the school must report to the office of the principal upon arrival at the school.

There they will be required to sign the visitors register and will be issued a visitorsidentification badge, which must be worn and visible at all times while in the school or on

school grounds. The visitor must return the identification badge to the principals office before

leaving the building.3. Visitors attending school functions that are open to the public, such as parent-teacher

organization meetings or public gatherings, may not be required to register.

4. Parents or citizens who wish to observe a classroom while school is in session are required to

arrange such visits in advance with the classroom teacher(s), so that class disruption is kept to a

minimum.

5. Teachers are expected not to take class time to discuss individual matters with visitors.

6. Any unauthorized person on school property will be reported to the principal or his or her

designee. Unauthorized persons will be asked to leave. The police may be called if the situation

warrants.

7. All visitors are expected to abide by the rules for public conduct on school property contained

in this Code of Conduct.

XIV. Public Conduct on School Property

The district is committed to providing an orderly, respectful environment that is conducive to

learning. To create and maintain this kind of an environment, it is necessary to regulate public conduct on

school property and at school functions. For purposes of this section of the Code, public shall mean all

persons when on school property or attending a school function including students, teachers and district

personnel.

The restrictions on public conduct on school property and at school functions contained in this

Code are not intended to limit freedom of speech or peaceful assembly. The District recognizes that free

inquiry and free expression are indispensable to the objectives of the District. The purpose of this Code is

to maintain public order and prevent abuse of the rights of others.

All persons on school property or attending a school function shall conduct themselves in a

respectful and orderly manner. In addition, all persons on school property or attending a school function

are expected to be properly attired for the purpose they are on school property.

A. Prohibited Conduct

No person, either alone or with others, shall:

1. Intentionally injure any person or threaten to do so .



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2. Intentionally damage or destroy school district property or the personal property of a

teacher, administrator, other district employee or any person lawfully on school property,

including graffiti or arson.

3. Disrupt the orderly conduct of classes, school programs or other school activities or

deliberately interfere with the freedom of any person to express his/her views, including

invited speakers.

4. Distribute or wear materials on school grounds or at school functions that are obscene,

advocate illegal action, appear libelous, obstruct the rights of others, or are disruptive tothe school program.

5. Intimidate, harass or discriminate against any person on the basis of race, color, creed,

national origin, religion, age, gender, sexual orientation, or disability.

6. Enter any portion of the school premises without authorization or remain in any building

or facility after it is normally closed.

7. Obstruct the free movement of any person in any place to which this Code applies.

8. Violate the traffic laws, parking regulations or other restrictions on vehicles.

9. Possess, consume, sell, distribute, or exchange alcoholic beverages, controlled

substances, or be under the influence of either on school property or at a school function.10. Possess or use weapons in or on school property or at a school function, except in the

case of law enforcement officers or except as specifically authorized by the School

District.11. Loiter on or about school property.

12. Gamble on school property or at school functions.

13. Refuse to comply with any reasonable order of identifiable school district officials

performing their duties.

14. Willfully incite others to commit any of the acts prohibited by this Code.

15. Violate any federal or state statute, local ordinance or Board policy while on school

property or while at a school function.

B. Penalties (Subject to provisions of applicable law)

Persons who violate this Code shall be subject to the following penalties:1. Visitors Their authorization, if any, to remain on school grounds or at the school

function shall be withdrawn and they shall be directed to leave the premises. If they

refuse to leave, they shall be subject to ejection.2. Students They shall be subject to disciplinary action as the facts may warrant, in

accordance with the due process requirements.

3. Tenured Faculty Members They shall be subject to disciplinary action as the facts may

warrant in accordance with Education Law 3020- or any other legal rights that they

may have.

4. Staff Members in the Classified Service of the Civil Service Entitled to the Protection of

Civil Service Law 75 They shall be subject to immediate ejection and to disciplinary

action as the facts may warrant in accordance with Civil Service Law 75 or any other

legal rights that they may have.

5. Staff Members Other Than Those Described in Subdivisions 4 and 5 They shall be

subject to warning, reprimand, suspension, or dismissal as the facts may warrant in

accordance with any legal rights they may have.

C. Enforcement

The building principal or his/her designee shall be responsible for enforcing the conduct

required by this Code.



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When the building principal or his/her designee sees an individual engaged in prohibited

conduct, which, in his or her judgment, does not pose any immediate threat of injury to persons

or property, the principal or his/her designee shall tell the individual that the conduct is

prohibited and attempt to persuade the individual to stop. The principal or his/her designee

shall also warn the individual of the consequences for failing to stop. If the person refuses to

stop engaging in the prohibited conduct or if the persons conduct poses an immediate threat of

injury to persons or property, the principal or his/her designee shall have the individual

removed immediately from school property or the school function. If necessary, local lawenforcement authorities will be contacted to assist in removing the person. The District shall

initiate disciplinary action against any student or staff member, as appropriate, with the

Penalties section above. In addition, the District reserves its right to pursue a civil or criminal

legal action against any person violating the Code.

XV. Dissemination and Review

The Board will work to ensure that the community is aware of this Code of Conduct by:

1. Providing copies of a summary of the Code to all students at an assembly held at the beginningof each school year.

2. Making copies of the Code available to all parents at the beginning of the school year.

3. Mailing a summary of the Code of Conduct written in plain language to all parents of districtstudents before the beginning of the school year and making this summary available later upon

request.

4. Providing all current teachers and other staff members with a copy of the Code and a copy of

any amendments to the Code as soon as practicable after adoption.

5. Providing all new employees with a copy of the current Code of Conduct when they are first

hired.

6. Making copies of the Code available for review by students, parents and other community

members.

The Board will sponsor an in-service education program for all district staff members to ensure

the effective implementation of the Code of Conduct. The Superintendent may solicit the

recommendations of the district staff, particularly teachers and administrators, regarding in-service

programs pertaining to the management and discipline of students.The Board of Education will review this Code of Conduct every year and update it as

necessary. In conducting the review, the Board will consider how effective the Codes provisions

have been and whether they Code has been applied fairly and consistently.The Board may appoint an advisory committee to assist in reviewing the Code and the

districts response to Code of Conduct violations. The committee will be made up of

representatives of student, teacher, administrator, and parent organizations, school safety personnel,

and other school personnel.

Before adopting any revisions to the Code, the Board will hold at least one public hearing at

which school

Code of Connduct With Original Revisions

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Transcript of Code of Connduct With Original Revisions